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Intercountry adoption, or immigration through adoption, relates to the adoption of a child that is born in one country by a parent that lives in another country. Much of this intercountry adoption process is regulated by U.S. Citizenship and Immigration Services (USCIS).
There are two separate processes that apply to children adopted by U.S. citizens, which are the Hague Process and the Orphan Process (non-Hague), with the adoption process based in part by the residence of the child and whether they live in a country that is part of the Hague Intercountry Adoption Convention. The child may immigrate immediately after the adoption, or they may immigrate to the U.S. with the purpose of being adopted in the USA.
A battered spouse, child, or parent can file an immigrant visa petition based on the Violence Against Women Act (VAWA). This Act allows certain spouses, children, and parents of U.S. citizens and green card holders to file a petition for themselves, without the knowledge of the abused. VAWA allows for the victims of abuse to seek safety and independence from their abuser, and it applies equally to both women and men.
Since marriage can be one way to get a green card for permanent resident status, the USCIS keeps an eye on any marriages that may seem like a sham, as it is illegal to marry for the sole purpose of gaining residency status. Immigration authorities have sophisticated methods to detect frauds, such as needing more documentation than other family immigration applicants. In order to defend your marriage against an allegation of fraud, it helps to be able to prove that the couple has things in common and intends to live life as a marriage couple. This could mean things like sharing a language or religion, living together, and combining financial and other aspects of their lives together. Typical documentation to defend against marriage fraud claims include bank statements, children’s birth certificates, or rental agreements.
We also provide translation services of any and all immigration related documents in any language including documents such as birth, death and marriage certificates, divorce decrees, etc.
At the Law Offices of James S. Hong, we handle simple to highly complex immigration matters including family immigration law.
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